Section 18 – Liability.

• (1) A notary may be liable to any person for any damage to that person proximately caused by the notary’s misconduct in performing a notarization.

• (2)
  • (a) A surety for a notary’s bond may be liable to any person for damages proximately caused to that person by the notary’s misconduct in performing a notarization, but the surety’s liability may not exceed the penalty of the bond or of any remaining bond funds that have not been expended to other claimants.
  • (b) Regardless of the number of claimants under Subsection (2)(a), a surety’s total liability may not exceed the penalty of the bond.
  • (c) An employer of a notary public is also liable for damages proximately caused by the notary’s misconduct in performing a notarization if:
    • (i) the notary public was acting within the course and scope of the notary public’s employment; and
    • (ii) the employer had knowledge of, consented to, or permitted the misconduct.

• (3) It is a class B misdemeanor, if not otherwise a criminal offense under this code, for:
  • (a) a notary to violate a provision of this chapter; or
  • (b) a notary’s employer to solicit the notary to violate a provision of this chapter.

Amended by Chapter 192, 2019 General Session
Amended by Chapter 313, 2019 General Session